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IN RE GIBSON

No. 06-24707-4-12L.

355 B.R. 807 (2006)

In re Reginald GIBSON, Sr., Debtor.

United States Bankruptcy Court, E.D. California, Sacramento Division.

November 27, 2006.

Attorney(s) appearing for the Case

Lawrence J. Loheit, Sacramento, CA, for trustee.

Mark A. Wolff, Elk Grove, CA, for debtor.

MEMORANDUM

MICHAEL S. McMANUS, Chief Judge.

The Herzog Company asks the court to terminate the automatic stay on the ground that the debtor, Reginald Gibson, Sr., has commenced a chapter 12 case in bad faith. Three facts allegedly indicate the debtor's bad faith. First, when this petition was filed the debtor was a debtor in a pending chapter 7 case awaiting entry of a discharge. Second, the debtor is not a family farmer and therefore is not eligible for...

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